End user agreement for Peepers
SOFTWARE LICENSE AND LIMITED WARRANTY AGREEMENT
Notice: You should carefully read this Software License and Limited Warranty Agreement before continuing to install this program. By installing, downloading, copying, or otherwise using this software package ("Software"), you agree to all the terms and conditions of the Software License and Limited Warranty Agreement. You must indicate your agreement to be bound by the terms of this agreement by clicking the 'I accept the agreement' button on the Software License Agreement page during the installation process. If you do not agree with the terms of this license, do not continue this installation or otherwise use the Software. You may delete the downloaded Software or return it within 60 days, with any accompanying documentation or other components and a copy of your invoice to the place of purchase. You will be reimbursed or credited in accordance with the current policy of SmartMelon or the representative from whom you acquired the Software.
COPYRIGHT: This software product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the software product (including but not limited to any programs, images, text, sound, or documentation incorporated into the Software) are owned by SmartMelon. Purchase of this license does not transfer any right, title or interest in the software to you except as specifically set forth in this agreement. Except as permitted by such license, no part of the accompanying documentation may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, recording, or otherwise, without the prior written permission of SmartMelon.
GRANT OF LICENSE: Subject to the condition that you have paid the license fee and are in compliance with the terms of this agreement, SmartMelon grants you a non-exclusive license to install and use the product on one computer at a single location or workstation at a time. No other use, copying, or distribution of the Software product is allowed. You may not rent the Software nor may you offer use of it to others through any service provider. If you wish to simultaneously install this software on more than one computer or workstation, a separate License and fee is required for each site. Alternately, a Site License may be purchased that allows the Software to be installed on an unlimited number of computers, as long as all computers are owned by the same organization and all computers are located within a ten kilometer radius. If you are installing this Software package as an upgrade or enhancement of a previous release of the same Software that was installed on the same computer, your rights under the prior license agreement are terminated and you are now bound solely under the terms of this license agreement.
LIMITATIONS: You may not reverse engineer, disassemble, or decompile this Software product. This Software is licensed as a single product and its components may not be separated for use on more than one computer. You may not modify, amend, adapt, translate, or create any derivative works based on, the Software or the provided documentation.
TERM: If the Software was distributed to you as an EVALUATION VERSION, the license granted under this agreement commences upon the installation. Evaluation Version Software may include program code to limit certain functionalities of the Full-License Version. You may take no actions to circumvent the operation of such code, and you accept all risks that might arise from such actions. If you do attempt to circumvent this code SmartMelon reserves the right to immediately end your evaluation period. If the Software was not distributed as an Evaluation Version, or you converted an Evaluation Version to the Full-License Version by registering the Software, this agreement is effective until terminated by the terms of this agreement.
TERMINATION: This agreement may be terminated (a) by you, by returning the original Software and accompanying documentation, or (b) by SmartMelon upon your breach of any of the provisions of this agreement. Upon termination of your rights under this agreement for any reason, you must destroy all copies of the Software and all components (including documentation) in your possession.
TRANSFER: You may permanently transfer all of your rights under this agreement to another individual, provided you retain no copies, you transfer all copies of the Software (including all component parts, and documentation), and the recipient agrees to be subject to the terms of this agreement. Upon the occurrence of such a transfer, your rights under this agreement terminate immediately.
LIMITED WARRANTY: SmartMelon warrants to you (and only you) that the Software will perform substantially in accordance with the accompanying documentation (if any) for a period of (90) days from the date of original purchase from an authorized retailer or directly from SmartMelon (or the date you obtained authorization from SmartMelon to convert an Evaluation version product to a Full-License product). Implied warranties on the Software, to the extent required by applicable lab, are limited to ninety (90) days from the purchase date. The Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, use of the Software other than described in the documentation, use of the Software in combination with other products that are not described as compatible in the documentation, or your breach of the terms of this agreement. No individual and no reseller or retailer has any authority to amend or add to any of the above representations and disclaimers.
CUSTOMER REMEDY: Your exclusive remedy for any breach of the Limited Warranty is for you to send notice of the breach by returning to SmartMelon a copy of your purchase receipt for your copy of the Software and a description of the alleged breach. Then, at SmartMelon's option, SmartMelon shall either: (a) terminate the license agreement and refund the license fee upon return of the Software and accompanying documentation or (b) repair or replacement of the Software that does not meet SmartMelon's Limited warranty and which is returned. The Limited Warranty period for any replacement product will be extended for the remainder of the original warranty period or thirty (30) days after the replacement is delivered to you, whichever is longer. If your license is for an Evaluation version, your exclusive remedy for any breach of this agreement, including a breach of the Limited Warranty, shall be to terminate your rights under this agreement.
THIRD PARTY WORKS: Portions of the software may have been developed by an independent third party software supplier that holds copyrights and other proprietary rights to some software routines or modules. You may be held responsible by this supplier for any infringement of such rights by you.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTMELON OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DAMAGE TO EQUIPMENT, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SMARTMELON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
IN ANY CASE, SMARTMELON'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SOFTWARE.
NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTMELON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND/OR ACCURACY OF INFORMATION, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
This agreement is governed by the laws of the province of New Brunswick, Canada.